Baniga

(PC) Garcia v. Baniga

Good Law
United States District Court, Eastern District of CaliforniaOctober 23, 20191:19-cv-01258California1,062 words

Opinion

Trial Court Opinion

I. BACKGROUND

17 Jose Garcia (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in 18 this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing 19 this action on September 10, 2019. (ECF No. 1.) 20 On September 27, 2019, the court entered findings and recommendations, recommending 21 that Plaintiff’s motion for preliminary injunction be denied. (ECF No. 10.) On October 18, 2019, 22 Plaintiff filed objections to the findings and recommendations. (ECF No. 14.) In the objections 23 Plaintiff argues that the court mistook his statement in the Complaint that he was seeking 24 injunctive relief for a motion for preliminary injunctive relief. Plaintiff asserts that he did not 25 file a motion, and a ruling on his intention to seek injunctive relief is premature. 26 Plaintiff also contends that under 28 U.S.C. § 636(A), the Magistrate Judge has no 27 authority to decide issues of injunctive relief. Plaintiff accuses the Magistrate Judge of 28 conducting litigation on behalf of the defendants, since “the judgment forecloses Plaintiff’s injunction motion and creates a defense for the Defendants” by…

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